If you work for a federal government organization or federally regulated private organization in Canada, or you build websites for these organizations, it’s important to know about the Accessible Canada Act’s website accessibility requirements.
This article provides an overview of the Accessible Canada Act, how it applies to websites and other digital content, and the implications for WordPress websites. If you have any questions as you read through it or need help making your WordPress website accessible, get in touch. We’re happy to help.
About the Accessible Canada Act
The Accessible Canada Act (ACA) is a federal law that applies to Canadian federal government organizations and federally regulated organizations with 10 or more employees. The federal government adopted the ACA in 2019 with the goal of removing barriers for people with disabilities that prevent them from accessing federal services and resources. The Canadian government wants to create a barrier-free Canada by 2040.
The ACA addresses accessibility in
- employment
- the built environment (physical spaces)
- communication
- information and communication technologies
- procurement (buying and renting things and places)
- programs and services
- transportation
Website accessibility and accessibility of other digital content primarily fall under the “information and communication technologies” section of the Accessible Canada Act.
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Accessible Canada Act Requirements
The ACA is proactive in its approach to finding and fixing accessibility problems. Rather than waiting for people with disabilities to complain or report issues, the Act requires that organizations must:
- Consult people with disabilities.
- Publish accessibility plans about how they are finding, removing, and preventing barriers.
- Set up ways to receive and respond to feedback about accessibility.
- Publish progress reports about how they are following their accessibility plans.
When publishing accessibility plans and progress reports, covered organizations must notify the Accessibility Commissioner for their published documents through a Federal Accessibility Portal.
Consulting with people with disabilities
The Accessible Canada Act takes a unique approach of requiring organizations to consult with people with disabilities. For website accessibility, for example, it is not enough to do your own testing or hire an accessibility consultant. You also need to include user testing in your website audit process.
This requirement is in the spirit of “Nothing about us without us,” a motto of the disability rights movement that championed the importance of including people with disabilities in conversations about accessibility and related laws. It is important to have people who represent real-world users test your website.
Accessibility plan requirements
The ACA has specific regulations surrounding the content and format of your organization’s accessibility plan. At a minimum, the plan must include:
- Contact information.
- How your organization consulted with people with disabilities.
- Your organization’s policies or processes for identifying and removing barriers.
The government also recommends adding short and long term goals for accessibility, information about your accessibility training, and how accessibility fits in your internal culture. Read more about requirements for ACA accessibility plans here.
The Government of Canada website has a sample accessibility plan template available that you can use as a starting point.
Measurement of accessibility
The ACA does not specifically define how accessibility will be measured, nor does the language of the law state that websites must conform with Web Content Accessibility Guidelines (WCAG) as other laws do.
Though the ACA does not require WCAG conformance, other laws, such as the 2011 Standard on Web Accessibility for Government of Canada websites, do require it. It is safe to assume that meeting the current version of WCAG at level AA is a good step towards being ACA compliant.
Who the Accessible Canada Act Applies To
Federal Government Organizations
The Canadian Human Rights Commission has provided these examples of federal government organizations that must follow the ACA:
- Federal government departments like the Department of Finance Canada, Immigration, Refugees, and Citizenship Canada, and Global Affairs Canada.
- Federal agencies like the Canada Revenue Agency, the Canada Border Services Agency, and Parks Canada.
- Crown corporations like Via Rail, Canada Post, and the National Gallery of Canada.
- The Canadian Armed Forces and the Royal Canadian Mounted Police (RCMP).
- Parliament, including the Senate, the House of Commons, the Library of Parliament, and the Parliamentary Protective Service.
- Organizations that work at arm’s length from the government, like the Canadian Human Rights Commission.
Federally Regulated Private Businesses or Nonprofits
The private organizations (businesses or nonprofits) to which the ACA applies are more limited than some other accessibility laws. The ACA only applies to federally regulated private businesses or nonprofits (not all Canadian businesses or nonprofits) with 10 or more employees.
Examples of federally regulated private organizations that must follow the ACA include:
- Banks
- Broadcasting organizations like radio and television
- Telecommunications companies including internet and phone services
- Transportation organizations that are federally regulated, including:
- Airlines, airports, and other air transport of people or goods
- Ferries, shipping, and navigation companies that cross borders
- Bus, train, and trucking companies that cross borders
Who the ACA Does Not Apply To
The Accessible Canada Act does not apply to any private businesses or nonprofits that are regulated by provinces or territories.
The following are all examples of organizations that the Accessible Canada Act does not apply to:
- schools, universities, and colleges
- hospitals, medical clinics, and long-term care homes
- businesses like stores, restaurants, and gyms
- police forces (other than the Royal Canadian Mounted Police)
Deadlines for compliance
The Accessible Canada Act had several different deadlines for publishing accessibility plans based on the entity type and size.
| Organization Type and Size | Deadline |
|---|---|
| Federal government entities | December 31, 2022 |
| Federally regulated private organizations with 100 or more employees | June 1, 2023 |
| Federally regulated private organizations with 10 to 99 employees | June 1, 2024 |
As you can see, these deadlines have all passed. All organizations that must comply with the Accessible Canada Act should now have a published accessibility plan.
Accessible Canada Act Penalties
Organizations that fail to comply with the Accessible Canada Act can receive fines up to $250,000.
Learn More About the ACA
Recommended reading
If you want to learn more about the ACA and how it might apply to your organization or your clients websites, we recommend visiting the links earlier in the post. If you would like to dive into the details, read the full text of the Accessible Canada Act on the Parliament of Canada website.
Get legal advice
If you have additional questions about how this law may apply to a website, contact an attorney who practices in Canada and specializes in accessibility law. A lawyer can best advise you on how laws apply to your business or organization.
Start Making Your Website Accessible
The best way to ensure your website complies with accessibility laws is to start finding and fixing accessibility problems. Our WordPress plugin, Equalize Digital Accessibility Checker, scans unlimited WordPress posts and pages for free. It will help you find problems you can fix right away.
Want more guidance? Need developer support in fixing your WordPress website? Our accessibility audits and accessibility remediation plans provide access to expert accessibility specialists, WordPress developers, and real-world users of assistive technology to help you make your website fully WCAG-compliant.
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